Queensland JUSTICE LEGISLATION (MISCELLANEOUS PROVISIONS) BILL (No. 2) JUSTICE LEGISLATION (MISCELLANEOUS PROVISIONS) BILL (No. 2) 1999 TABLE OF PROVISIONS Section Page 11 PART 1—PRELIMINARY Short title 200... 8 Commencement ..... 2.6... ccc eee eee nee 8 PART 2—AMENDMENT OF BAIL ACT 1980 Act amended in pt2 ©1122... ccc cece eee cette teens 8 Amendment of s 17 (Enlargement of undertaking) ..................-. 8 Amendment of s 28A (Warrant for apprehension of defendant by Magistrates Court or Childrens Court) .. 0.0.0.0... 0.000 c cece eee eee 9 PART 3—AMENDMENT OF CRIMINAL CODE Code amended in pt 3 and schedule .................000...0000005. 9 Amendment of s 56A (Disturbance in House when Parliament not SIttINY) een eee ee 10 Amendment of s 56B (Going armed to Parliament House) ............. 10 Amendment of s 363A (Abduction of child under 16) ................. 10 Amendment of s 364 (Cruelty to children under 16) .................. 10 Amendment of s 552B (Charges of indictable offences that may be dealt with summarily) .............. 0.0.0.0... cece eee eee eee eee 11 Amendment of s 651 (Supreme Court and District Court may decide summary offences) ..........0 000000. 11 Amendment of s 652 (Proceedings to transmit charge for summary offence) 1.2.2.0... cee eee eee eee 11 Insertion of new s 653... 26. eee eee 12 653 Remission of proceedings to court exercising summary Jurisdiction ... 0.0... eee 12 Amendment of s 668D (Right of appeal)... ......... 0.0... eee eee eee 13 Justice Legislation (Miscellaneous Provisions) (No. 2) 18 25 2730 Insertion of new ch 73... 2... ee cette eee e eens CHAPTER 73—TRANSITIONAL PROVISION FOR JUSTICE LEGISLATION (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1999 710 Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999 ..............00.. PART 4—AMENDMENT OF DISTRICT COURT ACT 1967 Act amended in pt4 ...... 2... eee ee Insertion of news 28AA ... 2... eee 28AA Protection for administrative acts.............0...0 000000000. Replacement of s 61 (Exception from criminal jurisdiction)............ 61 Limited criminal jurisdiction if maximum penalty more than 14 years ..... 2... eee Amendment of s 77 (Removal of proceedings from Supreme Court to District Court)... 2.0... eee teen eee Amendment of s 78 (Removal of proceedings from a District Court to a Magistrates Court)... 0.0.00... eee eee eee Amendment of s 97 (Court may consider and order reference to ADR process)... 0... eee eee eee Replacement of s 129 (Contempt of court).............. 000. s eee eee 129 Contempt ....... 0... c cece eee eet ees PART 5—AMENDMENT OF MAGISTRATES COURTS ACT Act amended in pt 5 2.2... cece cece eee ete ee Amendment of s 29 (Court may consider and order reference to ADR process)... 0... eee eee eee Amendment of s 45A (Limitation on appeal if minor debt claim) ....... Amendment of s 50 (Contempt) ...............0.. 0000.00 cece eee Amendment of s 52 (Publication of particulars of minor debt claims)... . PART 6—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 Act amended in pt 6 1.62... eee c cece cence et eee ee ee Amendment of s 13A (Cooperation with law enforcement authorities to be taken into account) ........... 0... e eee eee eee eee PART 7—AMENDMENT OF STIPENDIARY MAGISTRATES ACT 1991 Act amended in pt7 ....... 0... eee Justice Legislation (Miscellaneous Provisions) (No. 2) 34374042 44 47 Insertion of news 221A... 1... eee teen eens 21A _ Protection for administrative acts. ... 2.2.0.0... 0. c eee eee eee ee PART 8—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 Act amended in pt 8 2.2.22... eee c cece eects Amendment of title 2.0.00... eee Insertion of news 27A .. 2... ee eee 27A Protection for administrative acts.................00..000000. Amendment of s 75 (Removal to Magistrates Court)...............0.. Amendment of s 83 (Interpleader orders) ...............00....00000. Replacement of s 84 (Effect of default judgment order) ............... 84 Effect of default judgment ............... 0.0000 c eee ee eee ees Amendment of s 86 (Demand for compliance unnecessary)............ Amendment of s 93A (Enforcement warrant) .............02.....005. Amendment of s 93B (Securities held by enforcement officer) ......... Insertion of new pt 7, div 5, sdiv4............0...00..000 0.000220 Subdivision 4—Non-attendance 931 Attendance of individuals .............00..000..00 000000000. 933 Attendance of corporation... 6.0.0.6... eee cece ee eee 93K Noncompliance is contempt of court.............6.- 0.0 eee eee 93L Issue of warrant for defendant's arrest .............0.....000.. Renumbering of ss 93] and 933... 1... eee eee eee eee Insertion of new s 930... 0... eee ee 930 Delegation by registrar .. 6... 6... eee Amendment of s 102 (Court may consider and order reference to ADR process)... 0... eee eee eee Omission of s 131 (References to judgment) ................00000005 Amendment of sch | (Subject matter for rules) ..................000.. Amendment of sch 2 (Dictionary) ............... 00.0020... 0 cece eee SCHEDULE ......................... MINOR AMENDMENTS OF CRIMINAL CODE A BILL FOR An Act to amend Acts administered by the Attorney-General and Minister for Justice and Minister for The Arts Clause Clause Clause Clause sl 8 s4 Justice Legislation (Miscellaneous Provisions) (No. 2) The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title 1. This Act may be cited as the Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999. Commencement 2.(1) Sections 33, 34, 37 to 41 and 46 to 48! commence, or are taken to have commenced, on | July 1999 immediately after the commencement of the Civil Justice Reform Act 1998, section 122 (2) The remaining provisions of this Act commence on a day to be fixed by proclamation. PART 2—AMENDMENT OF BAIL ACT 1980 Act amended in pt 2 3. This part amends the Bail Act 1980. Amendment of s 17 (Enlargement of undertaking) 4. Section 17— insert— 1 Sections 33 (Act amended in pt 8), 34 (Amendment of title), 37 (Amendment of s 83 (Interpleader orders)), 38 (Replacement of s 84), 39 (Amendment of s 86 (Demand for compliance unnecessary)), 40 (Amendment of s 93A (Enforcement warrant)), 41 (Amendment of s 93B (Securities held by enforcement officer)), 46 (Omission of s 131 (References to judgment)), 47 (Amendment of sch 1 (Subject matter for rules)) and 48 (Amendment of sch 2 (Dictionary)) 2 Civil Justice Reform Act 1998, section 12 (Amendment of title) Nn ro OmN DAD ee 14 16 s5 9 $6 Justice Legislation (Miscellaneous Provisions) (No. 2) "(7) Also, any record of an order of the court relating to the defendant, whether or not the record is signed, is evidence that the defendant's bail was enlarged if— (a) an indictment relating to the defendant has been presented to the court; and (b) the record is to the effect that— (i) the defendant's undertaking has been enlarged under subsection (2); and (11) the defendant's trial has been adjourned to a later sittings of a court to be held at a particular place.'. Amendment of s 28A (Warrant for apprehension of defendant by Magistrates Court or Childrens Court) Clause 5. Section 28A(1)(a)— omit, insert— "(a) released on bail— (i) by the Supreme Court or District Court, on the condition that the defendant will appear before a Magistrates Court; or (11) by a Magistrates Court or the Childrens Court or by any justice or justices conducting a committal proceeding, on the defendant entering into an undertaking; or (iii) under section 7(1)(b)3; or'. PART 3—AMENDMENT OF CRIMINAL CODE Code amended in pt 3 and schedule Clause 6. This part and the schedule amend the Criminal Code. 3 Section 7 (Power of police officer to grant bail) CoO ANH DWP WNHPe 12 1417 1924 Clause Clause Clause Clause s7 10 Justice Legislation (Miscellaneous Provisions) (No. 2) s 10 Amendment of s 56A (Disturbance in House when Parliament not sitting) 7.(1) Section 56A(2)(b), '$100'— omit, insert— "100 penalty units'. (2) Section 56A(2)(b), "6 calendar months'— omit, insert— '2 years'. Amendment of s 56B (Going armed to Parliament House) 8.(1) Section 56B(1), '$100'— omit, insert— "100 penalty units'. (2) Section 56B(1), "6 calendar months'— omit, insert— '2 years'. Amendment of s 363A (Abduction of child under 16) 9.(1) Section 363A(1), 'misdemeanour'— omit, insert— 'crime'. (2) Section 363A(1), '2 years'— omit, insert— "7 years'. Amendment of s 364 (Cruelty to children under 16) 10. Section 364, penalty, '5 years'— omit, insert— "7 years'. ornyna un fF Ww Ne 111315 17192124 26 sll 11 s 13 Justice Legislation (Miscellaneous Provisions) (No. 2) Amendment of s 552B (Charges of indictable offences that may be 1 dealt with summarily) 2 Clause 11.(1) Section 552B(1)— 3 insert— 4 '(ha)an offence against section 339(1);4'. 5 (2) Section 552B(1)Q), after 'involving an assault'— 6 insert— 7 ', other than an offence against section 339(1)'. 8 Amendment of s 651 (Supreme Court and District Court may decide 9 summary offences) 10 Clause 12.(1) Section 651, heading— 11 omit, insert— 12 'Court may decide summary offences if a person is charged on 13 indictment'. 14 (2) Section 651(1), from 'the Supreme' to 'court")'— 15 omit, insert— 16 'a court'. 17 Section 651(6)— 18 omit. 19 (3) Section 651(7) and (8)— 20 renumber as section 651(6) and (7). 21 Amendment of s 652 (Proceedings to transmit charge for summary 22 offence) 23 Clause 13.(1) Section 652(1), 'the Supreme Court or District Court'— 24 omit, insert— 25 'a court'. 26 4 Section 339 (Assaults occasioning bodily harm) Clause $14 12 s14 Justice Legislation (Miscellaneous Provisions) (No. 2) (2) Section 652(2), from 'magistrates court'— omit, insert— 'court of summary jurisdiction to take any necessary steps to transmit the relevant complaint or bench charge sheet to the registrar of the court that is to deal with the charge under section 651 (the "receiving court").'. (3) Section 652(3)(b)(ii1), 'to the Supreme Court or District Court-— omit. (4) Section 652(3)(b)(iii), after 'to the charge'— insert— 'before the receiving court'. (5) Section 652(4), 'magistrates court-— omit, insert— 'court of summary jurisdiction'. (6) Section 652(4), 'the Supreme Court or District Court'— omit, insert— 'the receiving court'. (7) Section 652(5), from 'Supreme Court' to 'relevant court'— omit, insert— 'the receiving court, the registrar of the court'. (8) Section 652(5), 'magistrates court-— omit, insert— "court of summary jurisdiction from which the charge was transmitted'. Insertion of new s 653 14. After section 652— insert— "Remission of proceedings to court exercising summary jurisdiction "653.(1) This section applies if a charge against a person for a summary offence has been transmitted to the registry of a court for the purpose of the charge being dealt with under section 651. Cm NI DA UNRW NY | NN NY ee ee Be ew ee ee Soe Some KX DANA BwWNH KE DS 2426 28 s15 13 s16 Justice Legislation (Miscellaneous Provisions) (No. 2) "(2) If— (a) the person states an intention of entering a plea of not guilty before the court to the charge or enters a plea of not guilty before the court to the charge; or (b) any of the conditions mentioned in section 651(2) are not satisfied; or (c) the person has been dealt with on the indictment mentioned in section 651(1) before the charge for the summary offence is brought before the court; or (d) for any other reason the court decides not to deal with the charge; the court must direct that the charge must be heard by a court exercising summary jurisdiction and order the court registrar to send the relevant court record to the registrar of the court exercising summary jurisdiction.'. Amendment of s 668D (Right of appeal) Clause 15. Section 668D(1), 'the Supreme Court or District Court'— omit, insert— 'a court'. Insertion of new ch 73 Clause 16. After section 709— insert— 'CHAPTER 73—TRANSITIONAL PROVISION FOR JUSTICE LEGISLATION (MISCELLANEOUS PROVISIONS) ACT (No. 2) 1999 'Transitional provision for Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999 "710.(1) This section applies if, after the commencement of the Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999, section | 15— 5 Justice Legislation (Miscellaneous Provisions) Act (No. 2) 1999, section 11 (Amendment of s 552B (Charges of indictable offences that may be dealt with summarily)) CON AWN FWP e Oo = ee wpneo 1517 1921 23 25 27 Clause Clause $17 14 $18 Justice Legislation (Miscellaneous Provisions) (No. 2) (a) a charge of an offence against section 339(1)6 is before the Supreme or District Court; and (b) the person charged with the offence informs the court that he or she does not want to be tried by jury; and (c) the prosecutor agrees to the charge being dealt with summarily. "(2) The court may order that— (a) the matter be remitted to a court of summary jurisdiction for the charge to be dealt with summarily; and (b) the court registrar send the relevant court record to the registrar of the relevant court of summary jurisdiction. "(3) The court may not make an order under subsection (2) if satisfied that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.'. PART 4—AMENDMENT OF DISTRICT COURT ACT Act amended in pt 4 17. This part amends the District Court Act 1967. Insertion of new s 28AA 18. Part 2, division 2, after section 28— insert— 'Protection for administrative acts '28AA. A judge has, in the performance or exercise of an administrative function or power conferred on the judge under an Act, the same protection and immunity as a judge in a judicial proceeding in the court.'. 6 Section 339 (Assaults occasioning bodily harm) ON Dn wn BW Ne 1214 16 18 2022 24 Clause s19 15 s19 Justice Legislation (Miscellaneous Provisions) (No. 2) Replacement of s 61 (Exception from criminal jurisdiction) 19. Section 61— omit, insert— 'Limited criminal jurisdiction if maximum penalty more than 14 years "61.(1) The District Court does not generally have jurisdiction to try a person charged with an indictable offence if the maximum penalty for the offence is more than 14 years. "(2) However, the District Court has jurisdiction to try a person charged with committing or counselling or procuring the commission of any of the following offences even if the maximum penalty for the offence is more than 14 years— (a) an offence against the Corrective Services Act 1988, section 92(3)(b);7 (b) an offence under the Criminal Code, section 64, 65, 208, 213, 215, 216, 219, 222, 229B, 315, 316, 317, 317A, 318, 319, 319A, 337, 347, 398, 409, 411, 412, 415, 419, 421, 461 or 469.8 "(3) Subsection (2) applies to an offence mentioned in subsection (2)(b) even if 1 or more circumstances of aggravation under the Criminal Code are alleged to exist in relation to the offence.'. 7 Corrective Services Act 1988, section 92 (Unlawful assembly, riot and mutiny) 8 Criminal Code, section 64 (Rioters remaining after proclamation ordering them to disperse), 65 (Rioters demolishing buildings etc.), 208 (Unlawful sodomy), 213 (Owner etc. permitting abuse of children on premises), 215 (Carnal knowledge of girls under 16), 216 (Abuse of intellectually impaired persons), 219 (Taking child for immoral purposes), 222 (Incest), 229B (Maintaining a sexual relationship with a child), 315 (Disabling in order to commit indictable offence), 316 (Stupefying in order to commit indictable offence), 317 (Acts intended to cause grievous bodily harm and other malicious acts), 317A (Carrying or sending dangerous goods in a vehicle), 318 (Obstructing rescue or escape from unsafe premises), 319 (Intentionally endangering safety of persons travelling by railway), 319A (Endangering safety of persons travelling by aircraft), 337 (Sexual assaults), 347 (Rape), 398 (Punishment of stealing), 409 (Definition of "robbery"), 411 (Punishment of robbery), 412 (Attempted robbery), 415 (Demanding property, benefit or performance of services with threats), 419 (Burglary), 421 (Entering or being in premises and committing indictable offences), 461 (Arson) or 469 (Wilful damage) XZ" Sem Yan np wwN 13 1518 s 20 16 s 23 Justice Legislation (Miscellaneous Provisions) (No. 2) Amendment of s 77 (Removal of proceedings from Supreme Court to District Court) Clause 20. Section 77(6)(b)(i), from 'shall'— omit, insert— ", must be assessed on the basis the proceedings had been started in the Supreme Court if the Supreme Court orders, or, in the absence of an order, as if the proceedings had been started in the District Court; and'. Amendment of s 78 (Removal of proceedings from a District Court to a Magistrates Court) Clause 21. Section 78(6)(b)(i), from 'shall'— omit, insert— "must be assessed on the basis the proceedings had been started in the District Court if the District Court orders, or, in the absence of an order, as if the proceedings had been started in a Magistrates Court; and'. Amendment of s 97 (Court may consider and order reference to ADR process) Clause 22.(1) Section 97(2) to (4)— renumber as section 97(3) to (5). (2) Section 97— insert— "(2) This section also applies if— (a) aparty applies to the District Court for an order referring a dispute to an ADR process; or (b) the parties are otherwise before the District Court.'. Replacement of s 129 (Contempt of court) Clause 23. Section 129— omit, insert— COYAMN PB WHY 111416 18 202225 28 s 23 17 s 23 Justice Legislation (Miscellaneous Provisions) (No. 2) "Contempt "129.(1) A person is in contempt of the District Court if the person— (a) (f) without lawful excuse, fails to comply with an order of the court (other than an order mentioned in paragraph (e)), or an undertaking given to the court; or wilfully insults a judge or juror, or a registrar, bailiff, or other court officer during the person's sitting or attendance in court, or in going to or returning from the court; or wilfully interrupts the proceedings of the court or otherwise misbehaves himself or herself in court; or unlawfully obstructs or assaults someone in attendance in court; or without lawful excuse, disobeys a lawful order or direction of the court at the hearing of any proceeding; or commits any other contempt of the court. "(2) A District Court judge has the same power to punish for a contempt mentioned in subsection (1) as a Supreme Court judge would have if the contempt were a contempt of the Supreme Court. "(3) If the contempt is in the face of the court, a bailiff or other court officer acting under the court's order may, using necessary and reasonable help and force, take the person committing the contempt into custody and detain the person until the court rises. "(4) Before the court rises, the court may— (a) (b) ask the person to explain why the person should not be punished; or adjourn the matter to be dealt with on a stated date. "(5) If the court acts under subsection (4)(a), the court may deal with the person immediately.'. 28 s 24 18 s27 Justice Legislation (Miscellaneous Provisions) (No. 2) PART 5—AMENDMENT OF MAGISTRATES COURTS ACT 1921 Act amended in pt 5 Clause 24. This part amends the Magistrates Courts Act 1921. Amendment of s 29 (Court may consider and order reference to ADR process) Clause 25.(1) Section 29(2) to (4)— renumber as section 29(3) to (5). (2) Section 29— insert— '(2) This section also applies if— (a) a party applies to a Magistrates Court for an order referring a dispute to an ADR process; or (b) the parties are otherwise before a Magistrates Court.'. Amendment of s 45A (Limitation on appeal if minor debt claim) Clause 26. Section 45A(1) and (2), 'order made'— omit. Amendment of s 50 (Contempt) Clause 27.(1) Section 50(1)(a) to (d)— renumber as section 50(1)(b) to (e). (2) Section 50(1)— insert— '(a) without lawful excuse, fails to comply with an order of the court, other than an order mentioned in paragraph (e), or an undertaking given to the court; or'. oc ON DW 11 13 16192124 s 28 19 s 28 Justice Legislation (Miscellaneous Provisions) (No. 2) (3) Section 50(1)— insert— "(f) commits any other contempt of the court.'. (4) Section 50(1), penalty— omit. (5) Section 50(3) to (5)— renumber as section 50(5) to (7) (6) Section 50(7), as renumbered, '(4)(a)'— omit, insert— "(6)(a)'. (7) Section 50(2)— omit, insert— (2) A contempt under subsection (1) must be dealt with in the way prescribed under the Uniform Civil Procedure Rules. "(3) However— (a) acontempt mentioned in subsection (1)(a) may be punished by a maximum penalty of 200 penalty units or 3 years imprisonment; and (b) acontempt mentioned in subsection (1)(b) to (f) may be punished by a maximum penalty of 84 penalty units or 1 year's imprisonment. "(4) Without limiting the court's power to punish for contempt, the court may order a person committing a contempt to be excluded from the room or other place in which the court is sitting.'. Amendment of s 52 (Publication of particulars of minor debt claims) Clause 28. Section 52(1)(d), 'order'— omit. Oo Om ANYN Dn FW NY Se Be NF oO eile' Rw Nn RP Re ona NNR re OO NNN BRwWN 26 s 29 20 s 30 Justice Legislation (Miscellaneous Provisions) (No. 2) PART 6—AMENDMENT OF PENALTIES AND SENTENCES ACT 1992 Act amended in pt 6 Clause 29. This part amends the Penalties and Sentences Act 1992. Amendment of s 13A (Cooperation with law enforcement authorities to be taken into account) Clause 30. Section 13A(2) and (3)— omit, insert— '(2) Before the sentencing proceeding starts, a party to the proceeding— (a) must advise the relevant officer— (i) that the offender has undertaken to cooperate with law enforcement agencies; and (11) that written or oral submissions or evidence will be made or brought before the court relevant on that account to the reduction of sentence; and (b) may give to the relevant officer copies of any proposed written submissions mentioned in paragraph (a)(i1). "(3) After the offender is invited to address the court— (a) the offender's written undertaking to cooperate with law enforcement agencies must be handed up to the court; and (b) any party may hand up to the court written submissions relevant to the reduction of sentence. "(4) The undertaking must be in an unsealed envelope addressed to the sentencing judge or magistrate. "(5) If oral submissions are to be made to, or evidence is to be brought before, the court relevant to the reduction of sentence, the court must be closed for that purpose. "(6) The penalty imposed on the offender must be stated in open court. '(7) After the imposition of the penalty, the sentencing judge or magistrate must— (a) close the court; and oc ON DW 1417 20 22 24 2630 s 30 21 s 30 Justice Legislation (Miscellaneous Provisions) (No. 2) (b) _ state in closed court— (i) that the sentence is being reduced under this section; and 2 (ii) the sentence it would otherwise have imposed; and 3 (c) cause the following to be sealed and placed on the court file with 4 an order that it may be opened only by an order of the court, 5 including on an application to reopen the sentencing proceedings 6 under section 188(2)9— 7 (i) _ the written undertaking; 8 (ii) a record of evidence or submissions made relevant to the 9 reduction of sentence and the sentencing remarks made 10 under paragraph (b). 11 "(8) The sentencing judge or magistrate may make an order prohibiting 12 publication of all or part of the proceeding or the name and address of any 13 witness on his or her own initiative or on application. 14 "(9) In deciding whether to make an order under subsection (8), the judge 15 or magistrate may have regard to— 16 (a) the safety of any person; and 17 (b) the extent to which the detection of offences of a similar nature 18 may be affected; and 19 (c) the need to guarantee the confidentiality of information given by 20 an informer. 21 "(10) A person who contravenes an order made under subsection (8) 22 commits an offence. 23 Maximum penalty— 24 (a) for an order made by a judge—S years imprisonment; 25 (b) for an order made by a magistrate—3 years imprisonment. 26 "(11) In this section— 27 "relevant officer" means— 28 (a) for a proceeding before the Supreme or District Court—the 29 sentencing judge's associate; or 30 9 Section 188 (Court may reopen sentencing proceedings) s31 22 s 34 Justice Legislation (Miscellaneous Provisions) (No. 2) (b) fora proceeding before a Magistrates Court—the relevant clerk of the court.'. PART 7—AMENDMENT OF STIPENDIARY MAGISTRATES ACT 1991 Act amended in pt 7 Clause 31. This part amends the Stipendiary Magistrates Act 1991. Insertion of new s 21A Clause 32. After section 21— insert— 'Protection for administrative acts '21A. A magistrate has, in the performance or exercise of an administrative function or power conferred on the magistrate under an Act, the same protection and immunity as a magistrate has in a judicial proceeding in a Magistrates Court.'. PART 8—AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991 Act amended in pt 8 Clause 33. This part amends the Supreme Court of Queensland Act 1991. Amendment of title Clause 34. Title, 'money orders'— omit, insert— 'orders'. 1214 16 18 2022 Clause Clause Clause Clause Clause s 35 23 s 39 Justice Legislation (Miscellaneous Provisions) (No. 2) Insertion of new s 27A 35. Part 2, division 3, after section 27— insert— 'Protection for administrative acts '27A. A judge has, in the performance or exercise of an administrative function or power conferred on the judge under an Act, the same protection and immunity as a judge has in a judicial proceeding in the court.'. Amendment of s 75 (Removal to Magistrates Court) 36. Section 75(2)— omit, insert— '(2) If a proceeding is transferred to a Magistrates Court, that court may hear and decide the matter as if the proceeding had been started in a Magistrates Court.'. Amendment of s 83 (Interpleader orders) 37. Section 83(1)(f), 'a judgment'— omit, insert— ' > an. Replacement of s 84 (Effect of default judgment order) 38. Section 84— omit, insert— 'Effect of default judgment "84. A default judgment given by a registrar has the same effect as if it were a judgment given by the court.'. Amendment of s 86 (Demand for compliance unnecessary) 39.(1) Section 86(2), 'an enforcement debtor'— omit, insert— "a person'. NYDN Rp WW o 121517 1921 23 26 s 40 24 s 40 Justice Legislation (Miscellaneous Provisions) (No. 2) (2) Section 86(2), 'the enforcement debtor'— omit, insert— 'the person'. Amendment of s 93A (Enforcement warrant) Clause 40.(1) Section 93A(1)— omit, insert— "93A.(1) To enforce an order (the "original order") (but not an order for the payment of money into court), a person entitled to enforce the original order may obtain an enforcement warrant from the court.'. (2) Section 93A(2), 'a money order'— omit, insert 'the original order'. (3) Section 93A(2)(a) and (d), 'the money'— omit, insert— "a money'. (4) Section 93A(2)(a), 'property exempted under the Uniform Civil Procedure Rules' — omit, insert— "exempt property'. (5) Section 93A(2)— insert— '(e) an enforcement officer to enter and deliver possession of land; or (f) an enforcement officer to seize and deliver specified goods; or (g) an enforcement officer to seize and detain property.'. (6) Section 93A(3) and (4)— renumber as section 93A(4) and (5). (7) Section 933A— insert— w CoN DAD nA fF 11315 17 1921232527 Clause Clause s41 25 s 42 Justice Legislation (Miscellaneous Provisions) (No. 2) "(3) An enforcement warrant may contain more than | order directed to enforcing the original order and may be issued to enforce an original order that is a money order and a non-money order.'. Amendment of s 93B (Securities held by enforcement officer) 41.(1) Section 93B(2) and (3)— renumber as section 93B(3) and (4). (2) Section 93B(1)— omit, insert— "93B.(1) This section applies if an enforcement officer seizes cheques, bills of exchange, promissory notes, specialties or other securities for money (the "seized documents") under an enforcement warrant to enforce a money order. "(2) The enforcement officer holds the seized documents as security for the amount to be recovered under the enforcement warrant for the benefit of the enforcement creditor.'. Insertion of new pt 7, div 5, sdiv 4 42. After section 93 H— insert— 'Subdivision 4—Non-attendance 'Attendance of individuals "931.(1) This section applies if an individual fails to comply with a subpoena or order requiring attendance to give evidence or produce a document or thing before the court or before an officer, examiner, referee or other person having authority to take evidence. '(2) The court may make an order for the issue of a warrant for— (a) the arrest of the individual; and (b) the production of the individual as required by the subpoena or order for the purpose of the proceeding; and (c) the detention in custody of the individual until released by the court. Ne w onan fF 11141719 2224 26 28 30 s 42 26 s 42 Justice Legislation (Miscellaneous Provisions) (No. 2) "(3) The court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses resulting because the individual did not comply with the subpoena or order. "Attendance of corporation "93J.(1) This section applies if a corporation fails to comply with a subpoena or order requiring attendance to give evidence or produce a document or thing before the court or before an officer, examiner, referee or other person having authority to take evidence. '(2) The court may make an order for the issue of a warrant for— (a) the arrest of a named officer of the corporation; and (b) the production of the officer as required by the subpoena or order for the purpose of the proceeding; and (c) the detention in custody of the officer until released by the court. "(3) The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses resulting because the corporation did not comply with the subpoena or order. "Noncompliance is contempt of court "93K.(1) Failure to comply with a subpoena without lawful excuse is contempt of court and the person who failed to comply may be dealt with for contempt of court. "(2) Nothing in section 93] or 93J affects the court's power to punish for contempt. 'Issue of warrant for defendant's arrest "93L.(1) Jurisdiction under this section may be exercised only by the Supreme Court. "(2) If the court is satisfied that— (a) adefendant to a claim has absconded or is about to abscond; and (b) the absence of the defendant would materially prejudice the plaintiff in prosecuting the proceeding or enforcing any judgment that may be given. wn C0 MOINDMN Bp 13 151922 25 27 29 s 43 27 s 44 Justice Legislation (Miscellaneous Provisions) (No. 2) "(3) The court may issue a warrant in the approved form for the arrest of a defendant. "(4) The court may issue the warrant at any time, for example, before the defendant has been served with a claim or before judgment. "(5) The warrant must state— (a) the name of the defendant; and (b) the date, within 2 months after the warrant's issue, the warrant ends. "(6) The court may fix an amount as security to be stated in the warrant. "(7) On payment of the security, the defendant is entitled not to be arrested or, if arrested, to be released. "(8) In fixing the amount, the court may have regard to any matter it considers relevant, including the following matters— (a) the amount (if any) of the plaintiff's claim; (b) the costs of issuing the warrant; (c) an estimate of the costs of executing the warrant.'. Renumbering of ss 931 and 93J Clause 43. Sections 931 and 93J, as inserted by Act No. 20 of 1998— renumber as sections 93M and 93N. Insertion of new s 930 Clause 44, Part 7, division 6— insert— 'Delegation by registrar "930.(1) A registrar of the court may delegate the registrar's powers to an appropriately qualified person who is a public service employee in a registry of the court. "(2) In this section— "appropriately qualified", for a person to whom a power may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Fo OO ON Dn BPW Ne See ee KR Wh re Hn wn 182123 26 29 845 28 s47 Justice Legislation (Miscellaneous Provisions) (No. 2) Example of 'standing'— 1 A person's classification level in the public service. '. 2 Amendment of s 102 (Court may consider and order reference to 3 ADR process) 4 Clause 45.(1) Section 102(2) to (4)— 5 renumber as section 102(3) to (5). 6 (2) Section 102— 7 insert— 8 '(2) This section also applies if— 9 (a) a party applies to the Supreme Court for an order referring a 10 dispute to an ADR process; or 11 (b) the parties are otherwise before the Supreme Court.'. 12 Omission of s 131 (References to judgment) 13 Clause 46. Section 131— 14 omit. 15 Amendment of sch 1 (Subject matter for rules) 16 Clause 47.(1) Schedule 1, section 20, 'money orders'— 17 omit, insert— 18 'orders'. 19 (2) Schedule 1, section 20(b)— 20 omit, insert— 21 "(b) enforcement warrants, including— 22 (i) enforcement warrants for entry on to and delivery of 23 possession of land; or 24 (ii) enforcement warrants for seizure and sale of property; or 25 (iii) enforcement warrants for seizure and delivery of specified 26 goods; or 27 Clause s 48 29 s 48 Justice Legislation (Miscellaneous Provisions) (No. 2) (iv) enforcement warrants for seizure and detention of property; or (v) enforcement warrants for redirection of debts or earnings; or (vi) enforcement warrants for payment of the money order debt by instalments; or (vii) for the Supreme Court—enforcement warrants for charging orders and stop orders;'. Amendment of sch 2 (Dictionary) 48.(1) Schedule 2, definition "money order"— omit. (2) Schedule 2— insert— 6 6 exempt property" means property that is not divisible among the creditors of a bankrupt under the relevant bankruptcy law as in force from time to time. "money order" means an order of the court, or part of an order of the court, for the payment of an amount, including an amount for damages, whether or not the amount is or includes an amount for interest or costs. "non-money order" means an order of the court, or part of an order of the court, for a form of relief other than the payment of an amount.'. (3) Schedule 2, definition "enforcement warrant", 'a money'— omit, insert— " > an'. (4) Schedule 2, definition "registrar", paragraph (a)(i1), '; and'— omit, insert— 5 or (111) for a Magistrates Court—a deputy registrar of a Magistrates Court; and'. ND Ak WO Ne o 11141719 21 232527 29 Justice Legislation (Miscellaneous Provisions) (No. 2) SCHEDULE MINOR AMENDMENTS OF CRIMINAL CODE . Section 59(1), after 'asks'— insert— 'for'. . Section 87(1)(a), after 'asks'— insert— 'for'. . Section 103(b) and (c), after 'asks'— insert— 'for'. . Section 118(a), after 'asks'— insert— 'for'. . Section 120(1)(a), after 'asks'— insert— 'for'. . Section 121(1)(a), after 'asks'— insert— 'for'. section 6 11141720 Justice Legislation (Miscellaneous Provisions) (No. 2) SCHEDULE (continued) 7. Section 127(1)(c), after 'asks'— 1 insert— 2 'for'. 3 8. Section 133(1), after 'asks'— 4 insert— 5 'for'. 6 9. Section 433(2), 'who has'— 7 insert— 8 'who, having'. 9 10. Chapter 72, heading and part 1, heading, as inserted by the 10 Criminal Code (Stalking) Amendment Act 1999, section 4— 11 omit. 12 11. Chapter 72, part 2, heading, as inserted by the Criminal Code 13 (Stalking) Amendment Act 1999, section 5— 14 omit, insert— 15 'PART 9—TRANSITIONAL PROVISIONS 16 'CHAPTER 72—TRANSITIONAL PROVISION FOR 17 ACT NO. 18 OF 1999'. 18 12. Section 709, heading— 19 omit, insert— 20 'Transitional provision for Act No. 18 of 1999'. 21 Justice Legislation (Miscellaneous Provisions) (No. 2) © State of Queensland 1999